Respecting Human Rights: India's Obstacles to NHRC Accreditation

Global rights body must hold NHRC accountable for its silence on key human  rights issues in India – The Leaflet

For the second year running, the Global Alliance of National Human Rights Institutions (GANHRI) has postponed accrediting the National Human Rights Commission (NHRC) of India. This development raises questions regarding the impartiality and efficacy of the commission. The NHRC is unable to vote or represent India in the UN Human Rights Council as a result of this delay, which has important ramifications for accreditation in the international human rights discourse. The National Human Rights Commission (NHRC), which was founded in 1993 under the Protection of Human Rights Act, is essential to the defence of human rights in India.

GANHRI and its Subcommittee on Accreditation (SCA) are the accrediting agencies.

Every five years, GANHRI, which represents about 120 national human rights organizations globally, examines and accredits these organizations in accordance with the Paris Principles. Member institutions are divided into 'A' and 'B' groups by the Subcommittee on Accreditation (SCA), signifying full or partial conformity with these principles. There were 120 recognized institutions as of November 29, 2023, of which 88 had 'A' classification, which indicates complete compliance.

The Paris Principles: Standards for Efficient Operation

The UN General Assembly established the Paris Principles in 1993 to provide basic requirements for national human rights organizations in order to assure their legitimacy and efficacy. These values include a wide mandate based on universal human rights standards, independence from governmental interference, diversity in membership, sufficient funding, and the ability to conduct investigations. Additionally, they require that complaints be accepted from a range of sources, such as people, non-governmental organizations, and labor unions.

Consequences of Losing Certification

An NHRI's ability to participate in international human rights forums, such the UN Human Rights Council and its satellite bodies, is directly impacted by its accreditation status. While institutions with 'B' classification have restricted participation privileges, those with 'A' status are eligible for full GANHRI membership and have voting rights. India's international human rights engagement is jeopardized since the NHRC lacks accreditation, making it impossible for it to represent India at the UN Human Rights Council or hold governance posts within GANHRI.

Justifications for Postponement and Issues Voiced

India's accreditation has been postponed due to concerns expressed during the SCA meeting, some of which have been brought up in earlier reports. These issues center on the NHRC's conflict of interest policy, transparency in appointment practices, and underrepresentation of women and minorities on the commission. Human rights groups have also voiced worries about growing limits on public space and prejudice against minorities in India, notably Human Rights Watch and Amnesty International. Experts on UN human rights reiterated these worries, highlighting attacks on civil society, media, and minorities.

India's Review Process and Accreditation History

GANHRI has periodically reviewed the NHRC's accreditation since its founding in 1993. Although the commission was first authorized in 1999, certification was postponed in 2016 and 2023 for a number of reasons, including worries about political links and the representation of women on the NHRC personnel. In spite of these obstacles, the NHRC was able to maintain its accreditation standards and was awarded a 'A' rating in later evaluations.

In summary

India's NHRC accreditation has been postponed for the second year in a row, which emphasizes how crucial it is to uphold international human rights norms and principles. Restoring the NHRC's efficacy and credibility requires addressing the issues brought up by the GANHRI and human rights organizations. India's participation in the accreditation process is a reflection of both its status in the international human rights community and its dedication to human rights. Securing the NHRC's accreditation and reiterating India's commitment to promoting and defending human rights will require concerted efforts going forward to fix shortcomings and maintain the Paris Principles.